Provision record
Mercury · Mercury Terms of Service · View original document ↗

Disclaimer of Warranties

Medium severity High confidence Explicit document language Common · 287 of 352 platforms
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Document Record

What it is

Mercury makes no promises that its platform will work reliably, securely, or without errors, and it disclaims any legal warranties about the quality or fitness of the service.

This analysis describes what Mercury's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

For businesses relying on Mercury for critical financial operations, the disclaimer of any warranty of uninterrupted service means you have no contractual assurance of platform availability, even during business-critical periods.

Recent Activity

This document changed recently

Medium Jun 26, 2026

Mercury's updated terms establish detailed rules for how recurring autopay works on invoices. Under the revised language, payers authorize recurring ACH debits through a separate addendum, Mercury will not retry failed payments (except once if caused by a Mercury system issue), and autopay authorization will automatically cancel after two consecutive failures in a series. You can prevent autopay cancellation by ensuring payers have sufficient funds, re-enrolling the payer, or requesting manual payment if the series fails twice.

View change record →
Medium May 29, 2026

The updated terms establish that when customers pay invoices you issue through Mercury Invoicing via ACH debit, Mercury will apply a hold period before crediting the funds to your account. The hold period is determined by Mercury in its sole discretion based on risk factors related to the transaction, payer, and payment history, and may range from 1 to 4 business days from the date the ACH debit is initiated. Mercury will display an estimated funds availability date for each incoming invoice payment in your Invoicing dashboard.

View change record →

Clause Stability Stable

0
Changes
3
Months Monitored
May 8, 2026
First Seen
May 22, 2026
Last Seen
This clause type exists across 4261 other provisions on other platforms.

Change history

removed Jul 16, 2026

Removal of broad as-is disclaimer may indicate Mercury is providing more specific service level representations or warranties.

View full change record →

Consumer impact (what this means for users)

This provision means Mercury has no contractual obligation to guarantee platform uptime, security, or error-free operation, which is a meaningful consideration for businesses using the platform for time-sensitive financial transactions.

How other platforms handle this

Datadog Medium

Datadog is not responsible for, and makes no warranties, express or implied, as to, the Third-Party Services or the providers of such Third-Party Services...

Tinder Medium

TINDER ASSUMES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS, RECEIVES, AND/OR ACTS ON THROUGH OUR SERVICES, NOR DOES TINDER ASSUME ANY RESPONSIBILITY FOR THE IDENTITY, INTENTIONS...

Perplexity AI Medium

we do not warrant that Offering descriptions are accurate, complete, reliable, current, or error-free.

See all platforms with this clause type →
▸ View Original Clause Language DOCUMENT RECORD
"
The Services and all Content are provided 'as is,' without warranty of any kind. Without limiting the foregoing, Mercury explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. Mercury makes no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.

Excerpt from Mercury's Terms of Service

ConductAtlas Analysis

Institutional analysis (regulatory & governance intelligence)

REGULATORY LANDSCAPE: Warranty disclaimers in financial services platform agreements interact with state commercial law and consumer protection frameworks.

Insight

Unlock the full institutional analysis

Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.

Applicable agencies

  • Federal Trade Commission (ftc)
    Oversees unfair or deceptive business practices and can investigate companies that mislead consumers about data collection, sharing, or use.
    Who can file: Anyone affected by the company's practices (US or international)
    What you need: Your account details, a timeline of relevant events, and a description of the specific issue
    What to expect: Complaints inform FTC enforcement priorities and investigations but do not result in individual resolution or compensation
    File a complaint →

Applicable regulations

FTC Act Section 5
United States Federal

Provision details

Document information
Document
Mercury Terms of Service
Entity
Mercury
Document last updated
May 5, 2026
Tracking information
First tracked
May 8, 2026
Last verified
May 11, 2026
Record ID
CA-P-006921
Document ID
CA-D-00529
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
3e09f25176274ffecff38f149f2b01dc130d7200f2532a2d6c6767683e775af1
Analysis generated
May 8, 2026 15:02 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: Mercury
Document: Mercury Terms of Service
Record ID: CA-P-006921
Captured: 2026-05-08 15:02:42 UTC
SHA-256: 3e09f25176274ffe…
URL: https://conductatlas.com/platform/mercury/mercury-terms-of-service/provision/CA-P-006921/disclaimer-of-warranties/
Accessed: Aug. 12, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
Medium
Categories

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Frequently Asked Questions

What does Mercury's Disclaimer of Warranties clause do?

For businesses relying on Mercury for critical financial operations, the disclaimer of any warranty of uninterrupted service means you have no contractual assurance of platform availability, even during business-critical periods.

How does this clause affect you?

This provision means Mercury has no contractual obligation to guarantee platform uptime, security, or error-free operation, which is a meaningful consideration for businesses using the platform for time-sensitive financial transactions.

How many platforms have this type of clause?

ConductAtlas has identified this type of provision across 287 platforms. See the full comparison.

Is ConductAtlas affiliated with Mercury?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Mercury.